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Battle Over Schiavo; Rehnquist Returns; Kidnap, Killing

Aired March 21, 2005 - 10:59   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DARYN KAGAN, CNN ANCHOR: Chief Justice William Rehnquist is back on the bench at the Supreme Court at this hour . Rehnquist joined the court as it reconvened about an hour ago. This is his first time back on the bench since he was diagnosed with thyroid cancer last fall. A live report from the high court in just a few minutes.
Meanwhile, the Supreme Court has declined to hear an appeal from terror suspect Zacarias Moussaoui. Moussaoui is the only person publicly charged in the U.S. in connection with the 9/11 attacks. He had asked the court to decide if his right to a fair trial hinged on his being able to question key al Qaeda detainees.

And in Michigan, a two-alarm fire at a Detroit area steel plant. Details still developing at this hour, but officials say there are likely injuries. The plant was once owned by the Ford Motor Company.

Checking the clock, it is 11:00 a.m. straight up on the East Coast, 8:00 a.m. for those of you in the West. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan. Rick Sanchez is off for the week.

First off, Terri Schiavo. A federal judge in Florida is ordering a 3:00 p.m. hearing on the case. That is four hours from now. The brain-damaged woman has been without food or water for about 70 hours. The matter moved to federal courts after Congress and the president stepped in over the weekend.

More on that move in just a moment. First, though, let's bring in our medical correspondent, Elizabeth Cohen. She is outside Schiavo's hospice today in Pinellas Park, Florida.

Elizabeth, hello.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Good morning, Daryn. Federal Judge James Whittemore will hold a hearing, as you said, at 3:00, and what he's going to be reviewing is whether or not food and water should continue to be withheld from Terri Schaivo.

Now, part of what's at issue here is what state Terri Schiavo is actually in. Michael Schiavo, her husband, and others say that she's in a persistent vegetative state, that she may move around and seem to look at things, but actually that she doesn't have emotions, that she isn't able to think, that she doesn't actually interact with the world around her. If she moves or does anything, that it's purely a matter of reflexes.

However, her parents, who have also visited her at the hospital, say that they have seen her, and when they say her, they see something very different.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRY SCHIAVO'S FATHER: I asked her if she was ready to take a little ride. And I told her that we'll take her that we're going to take her for a little trip and take her outside and get her some breakfast. And I got a big smile out of her face, so help me god.

So she seemed to be very pleased. Ad we're pleased. And we're very thankful for both the House and the Senate for passing this bill and saving -- literally saving Terri's life.

(END VIDEO CLIP)

COHEN: That was Terri's father, Bob Schindler, who spoke to reporters in the early morning hours today -- Daryn.

KAGAN: Elizabeth, are they talking about giving Terri Schiavo anything to make her comfortable, as comfortable as can be while the feeding tube has not been connected to her?

COHEN: We have not heard -- we have not heard people talk about that. And, in fact, this case has become -- people are taking sides so strongly that on the one hand, you can hear people say it's horrible to withhold food and water, imagine how that must feel. And the other side says, you know what, for someone who is in her state, it doesn't really feel like much of anything. She doesn't feel pain the way that we do -- Daryn.

KAGAN: All right. Elizabeth Cohen, thank you.

Well, the steps that were taken by Congress and the president to save Terri Schiavo's life are by any measure, no matter how you fall on this issue, they are extraordinary. Let's bring in our congressional correspondent Ed Henry with more on that this morning.

Ed, good morning.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning, again Daryn.

That's right, it's extraordinary for the House to be in session on any Sunday, but it's truly historic for them to be passing emergency legislation on Palm Sunday in the middle of the night. Let me paint the scene for you the way it was in the Capitol in the wee hours last night.

It was basically a waiting game for a lot of lawmakers. Congress was supposed to be on its spring vacation. Lawmakers were trickling in, rushing in from airports.

In fact, in one room just off the House floor, yet a cluster of lawmakers smoking big cigars, just waiting for colleagues to show up with luggage in hand to vote. In another room just off the House floor, Bobby Schindler, Terri Schiavo's brother, was watching the very passionate floor debate taking place on a television screen just off the House floor. And what he saw was a very emotional debate with Democrats charging that this was really blatant politics, but Republicans insisting it was about the sanctity of life.

(BEGIN VIDEO CLIP)

REP. JOHN LEWIS (D), GEORGIA: Tonight this leadership is a taillight. It's not the headlight for democracy and for a citizen's right to privacy that it should be.

This is demagoguery! This is a step in where we have no business. This is walking where the angels fear to tread.

We are playing with a young woman's life for the sake of politics. This is not about values. This is not about religion. It is pandering for political gain with the next election in mind.

REP. RICK RENZI (R), ARIZONA: Where's the balance of the scales of justice that weighs Terri's family's parental rights with those of her estranged husband? Tonight's vote says we want a second look at this unique case.

We want mercy. Be merciful and find true bravery and justice in preserving the life of Terri Schiavo.

(END VIDEO CLIP)

HENRY: After the legislation passed 203-58, House Majority Leader Tom DeLay left the floor and went to find Bobby Schindler, who was waiting in that Capitol room that I mentioned. They embraced, and there was applause from some Republicans in the room, happy that they had reached this stage.

But I can tell you, I spoke to Tom DeLay in that hallway just a few minutes earlier and he was telling me he's not celebrating yet because he's still concerned that even though this congressional action has taken place, and it's been signed into law by the president, he's worried the judge may not act quick enough to save Terri Schiavo's life -- Daryn.

KAGAN: OK. My Ed Henry question of the day goes back to something that Kendall Coffey mentioned in the last hour, and that's that this touches on a much bigger controversy, and that is the brewing battle between Congress and elected representatives and courts across the land and what they decide and how they can change the course of action -- Ed.

HENRY: Oh, absolutely. There's a great debate going on within the Senate right now about the so-called nuclear option, whether Republicans will use that to try to end the use of filibusters in dealing with judicial nominations.

The reason why conservatives across the country are so exercised about this issue is they feel that a lot of liberal judges have been legislating from the bench across the country. And also, with the possibility of a couple of high court nominations, these nomination fights are going to be brutal this year. Both sides are preparing for it. This was probably just round one in that fight -- Daryn.

KAGAN: All right. Ed Henry on Capitol Hill. Thank you.

Terri Schiavo's husband says he is outraged that Washington has intervened in his family's tragedy.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRI SCHIAVO'S HUSBAND: I think it's an invasion to the American people when you make a private decision in a family matter that they're thumbing their nose up to the American people and the Constitution. This is a sad day for Terri. And it's a sad day for every American in this country. And people should be outraged.

(END VIDEO CLIP)

KAGAN: We are going to show you more of the Michael Schiavo interview from CNN's "AMERICAN MORNING" at the bottom of the hour.

Well, this often heated, very impassioned debate over Terri Schiavo has been waging in the courts for more than a decade. She collapsed in her home in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.

Eight years later, her husband Michael Schiavo filed a petition to remove her feeding tube. In February of 2000, a judge ruled the tube could be removed, but it wasn't removed until more than a year later in April 2001. It was out for two days.

In November 2002, a Florida judge ordered the feeding tube removed again. The following October, a Florida appeals court refused to block that order and the tube was removed the next day. It was re- inserted six days later after the Florida legislature passed Terri's Law.

September of that year -- of last year, actually, the Florida Supreme Court declared Terri's Law unconstitutional. Last month, a Florida judge again gave Michael Schiavo permission to order his wife's feeding tube be removed. On Friday, it was, despite federal subpoenas.

So two big stories out of the Supreme Court this morning. One involving a 9/11 terror suspect, the other, Chief Justice William Rehnquist is back on the bench at this hour. This is his first appearance for arguments since his cancer diagnosis five months ago.

Our Kathleen Koch joins us from the Supreme Court this morning.

Kathleen, good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, let's first of all talk about the order when it comes to Zacarias Moussaoui, the only person charged in the U.S. in connection with the 9/11 terror attacks. And what he was asking was for the Supreme Court justices to rule on his ability to gain access to three incarcerated members of al Qaeda who he believed would exonerate him, would clear him of the charges.

The Bush administration had not been allowing him access, saying what was enough, what was sufficient, was simply access to government- prepared summaries of these people's testimony. And the Supreme Court, again, declined to rule on that. So now that goes back to the trial court in Alexandria, Virginia, where the could be -- the trial in the case could begin as soon as September.

Now, as to the chief justice, William Rehnquist, he did participate for the first time since October since the announcement that he had been diagnosed with thyroid cancer, was undergoing both chemotherapy and radiation. The chief justice stepped very briskly through the burgundy curtains this morning with the other justices, took his seat in his leather chair, followed the proceedings very intently, I would say.

He asked roughly eight questions during the first case that was argued. He did get up once to leave the proceedings, but that is normal. He only left for about a minute.

The chief justice has had long-time problems with back pain. So he normally does leave once or twice during arguments in order to stretch his back.

But Daryn, many believe this is -- this certainly is an example of the fact that perhaps his thyroid cancer, though not cured, that certainly the magnitude of the problem has decreased somewhat. Back to you.

KAGAN: Good to see him on the mend. Kathleen Koch in Washington, D.C. Thank you for that.

More legal news ahead. Going for the ultimate punishment, the kidnapping and murder of a 9-year-old Florida girl could be just a few legal steps away from becoming a capital case. A live report from Florida coming up.

Plus, we go to California for the Michael Jackson case. A critical decision before the judge that could open a floodgate of new evidence. That story is straight ahead.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

KAGAN: To Florida now. The suspect in the kidnapping and murder of a 9-year-old girl could be charged in the case as early as today. This comes as chilling new details emerge about the little girl's abduction and death.

Our Sara Dorsey is in Inverness, Florida, with more -- Sara.

SARA DORSEY, CNN CORRESPONDENT: Well, Daryn, Sheriff Jeff Dawsy is scheduled to meet with the state's attorneys today to discuss murder charges against John Couey. And he is the man who allegedly confessed to killing Jessica Marie Lunsford.

We are told that those charges could be filed as early as this afternoon. Of course, Sheriff Dawsy has already told the media he hopes to get the death penalty against John Couey.

Couey appeared in court for the first time yesterday on unrelated charges. He's being held without bond for failure to comply with sex offender reporting and a probation violation. We are also told he's being housed away from the general population for his own safety because of the attention this case is getting.

CNN has also learned some new disturbing details about the events surrounding this case. Investigators tell us John Couey walked into the Lunsford home that night of February 23rd, he made his way into Jessica's bedroom, put his hand over her mouth and told her to be quiet before forcing her out of her home.

The sheriff says the medical examiner has evidence that if sexual abuse did occur, and investigators say Couey might have held Jessica hostage at least a day, possibly even two. But because of Couey's drug haze investigators say, "His timelines were all over the place."

The question now is whether anyone else was in that home at the time that Couey had Jessica there. We do know three people who were living in that house have been charged with obstruction of justice in this case. And the sheriff tells us that's because each of them was told by Couey that when investigators were looking for him, none of them bothered to call authorities.

And Daryn, today, the Lunsford family is spending most of the day planning for their funeral of 9-year-old Jessica. And that is what we're waiting for now, to determine whether or not those charges will be filed today. If that does indeed happen, there will be a 24-hour window in which Couey will appearing in court for the first appearance on those murder charges if indeed that is what is filed -- Daryn.

KAGAN: Just such a sad and sad and sick ending to a story of what happened to that little girl. Sara, thank you for bringing us the latest.

DORSEY: Thank you.

KAGAN: Tune in tonight for "Protecting Our Children." It is a special edition of "NEWSNIGHT WITH AARON BROWN" tonight 10:00 Eastern, 7:00 Pacific.

The Michael Jackson child molestation trial resumes in this hour in California. Will the judge allow allegations of past sexual misconduct by the singer to be heard in this case? With more on the trial, here's CNN's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): For Michael Jackson, it may be the biggest legal hurdle in his child molestation case. A judge will soon decide if allegations from Jackson's past will surface in the present.

LAURIE LEVENSON, LOYOLA LAW SCHOOL: Prosecutors will able to argue he's a serial pedophile. And what he did before to these other boys, perhaps enticing them to Neverland Ranch, giving them alcohol, showing them dirty magazines and then molesting them, is the same thing he did to his boy.

MARQUEZ: It's called an 1108 hearing. Lawyers call it the Michael Jackson law.

The California law was passed after the pop star avoided criminal charges in 1993 by settling out of car. Then his alleged molestation victim walked away with more than $20 million.

LEVENSON: It may turn out that the trial within the trial is more important than anything else in this case. The whole question of whether Michael Jackson has done this before will be the focal point for the jury.

MARQUEZ: The prosecution has already indicated it wants to introduce evidence from allegations of at least seven boys. The prosecution also says the case against Jackson is still open and new evidence or allegations are possible.

LEVENSON: The significance of allowing in the prior allegations of abuse is that it's one thing for Tom Mesereau, for as great a lawyer as he is, to say that this boy now is lying. It's much harder to make that argument if other boys come forward and say, "Michael Jackson did the same thing to me."

MARQUEZ: This week, the prosecution will continue trying to make the case that Jackson is a serial pedophile and his latest accuser is one of many.

Miguel Marquez, CNN, Santa Maria, California.

(END VIDEOTAPE)

KAGAN: OK. So you're thinking about getting away from it all, and perhaps that one or two-week vacation just not enough to rejuvenate your mind and soul. What about -- what do you say about getting away from the office grind for a year or two? I'm going to tell you how it's possible in our getaway segment coming up a little later this hour.

And up next, some twister trouble in the city by the bay. Yes, these picture from San Francisco. California is not the only state facing some severe weather, however. Jacqui Jeras will be along with the national forecast straight ahead.

(COMMERCIAL BREAK)

KAGAN: To San Francisco. OK. Looks like it, even felt like it. But was it really a tornado?

Weather experts will conduct a storm survey today to determine if this dark funnel cloud that hit the bay area actually was a twister. It downed power lines, ripped rooftops and broke windows. There were no reported injuries.

(WEATHER REPORT)

KAGAN: Well, different opinions here from completely unresponsive to alert and communicating. Terri Schiavo's medical condition varies greatly depending on who you talk to. Up next, we're going to hear from Schiavo's brother and her husband about the family's life-or-death fight.

(COMMERCIAL BREAK)

KAGAN: We are coming up on the half-hour. Good morning. I'm Daryn Kagan. Let's take a look at what's happening "Now in the News."

First, breaking news out of Santa Maria, California. Michael Jackson, it appears, is a no-show once again at the courthouse. He is due right now to be there as his child molestation trial goes on. Once again, Michael Jackson not there on time. No word from the Jackson camp on what might be delaying the pop superstar. More on that just ahead.

Other news. A federal judge will hold a hearing in the Terri Schiavo case in three-and-a-half hours. Her parents want an emergency order to have her feeding tube reinserted. The case moved to federal courts after Congress and President Bush stepped in over the weekend.

Firefighters battle the blaze this morning at a steel plant just outside of Detroit. At least four people have been take ton the hospital. The plant has been the sight of several accidents in the past few years.

Kofi Annan is calling for reforms at the United Nations. Among the recommendations in a new report, the secretary-general says the U.N. should expand the number of nations on its Security Council from 15 to 24, strengthen its human rights mechanisms and develop guidelines to stop nuclear proliferation.

Cabaret singer Bobby Short has died from leukemia at the age of 80. Short was a fixture at the piano at New York's Carlisle Hotel for more than 35 years. The three-time Grammy nominee specialized in Cole Porter, Frank Sinatra and the Gershwins.

The Terri Schiavo case pits her family against her husband. Trapped in the middle, the brain-damaged woman who had been in a vegetative state since she collapsed 15 years ago. Both sides they are driven by what they believe is best for Terri.

(BEGIN VIDEO CLIP)

BOBBY SCHINDLER, TERRI SCHIAVO'S BROTHER: There are more doctors that are adamant Terri is not in a PVS. There was a woman in Kansas recently that woke up in a condition similar to my sister's. So this notion that people can't get better with the condition they're in is absolutely false. If you would see Terri, you would see absolutely how alive she is, how alert she is, how much she responds, how she's trying to speak with us. There's a reason Michael and his attorney are doing everything they can to keep Terri hidden from the public. Terri could be sitting here right now. She could be on the House floor during this debate in a wheelchair. But they will do everything they can so people cannot see what her true condition is.

(END VIDEO CLIP)

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Aired March 21, 2005 - 10:59   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Chief Justice William Rehnquist is back on the bench at the Supreme Court at this hour . Rehnquist joined the court as it reconvened about an hour ago. This is his first time back on the bench since he was diagnosed with thyroid cancer last fall. A live report from the high court in just a few minutes.
Meanwhile, the Supreme Court has declined to hear an appeal from terror suspect Zacarias Moussaoui. Moussaoui is the only person publicly charged in the U.S. in connection with the 9/11 attacks. He had asked the court to decide if his right to a fair trial hinged on his being able to question key al Qaeda detainees.

And in Michigan, a two-alarm fire at a Detroit area steel plant. Details still developing at this hour, but officials say there are likely injuries. The plant was once owned by the Ford Motor Company.

Checking the clock, it is 11:00 a.m. straight up on the East Coast, 8:00 a.m. for those of you in the West. From CNN Center in Atlanta, good morning once again. I'm Daryn Kagan. Rick Sanchez is off for the week.

First off, Terri Schiavo. A federal judge in Florida is ordering a 3:00 p.m. hearing on the case. That is four hours from now. The brain-damaged woman has been without food or water for about 70 hours. The matter moved to federal courts after Congress and the president stepped in over the weekend.

More on that move in just a moment. First, though, let's bring in our medical correspondent, Elizabeth Cohen. She is outside Schiavo's hospice today in Pinellas Park, Florida.

Elizabeth, hello.

ELIZABETH COHEN, CNN MEDICAL CORRESPONDENT: Good morning, Daryn. Federal Judge James Whittemore will hold a hearing, as you said, at 3:00, and what he's going to be reviewing is whether or not food and water should continue to be withheld from Terri Schaivo.

Now, part of what's at issue here is what state Terri Schiavo is actually in. Michael Schiavo, her husband, and others say that she's in a persistent vegetative state, that she may move around and seem to look at things, but actually that she doesn't have emotions, that she isn't able to think, that she doesn't actually interact with the world around her. If she moves or does anything, that it's purely a matter of reflexes.

However, her parents, who have also visited her at the hospital, say that they have seen her, and when they say her, they see something very different.

(BEGIN VIDEO CLIP)

BOB SCHINDLER, TERRY SCHIAVO'S FATHER: I asked her if she was ready to take a little ride. And I told her that we'll take her that we're going to take her for a little trip and take her outside and get her some breakfast. And I got a big smile out of her face, so help me god.

So she seemed to be very pleased. Ad we're pleased. And we're very thankful for both the House and the Senate for passing this bill and saving -- literally saving Terri's life.

(END VIDEO CLIP)

COHEN: That was Terri's father, Bob Schindler, who spoke to reporters in the early morning hours today -- Daryn.

KAGAN: Elizabeth, are they talking about giving Terri Schiavo anything to make her comfortable, as comfortable as can be while the feeding tube has not been connected to her?

COHEN: We have not heard -- we have not heard people talk about that. And, in fact, this case has become -- people are taking sides so strongly that on the one hand, you can hear people say it's horrible to withhold food and water, imagine how that must feel. And the other side says, you know what, for someone who is in her state, it doesn't really feel like much of anything. She doesn't feel pain the way that we do -- Daryn.

KAGAN: All right. Elizabeth Cohen, thank you.

Well, the steps that were taken by Congress and the president to save Terri Schiavo's life are by any measure, no matter how you fall on this issue, they are extraordinary. Let's bring in our congressional correspondent Ed Henry with more on that this morning.

Ed, good morning.

ED HENRY, CNN CONGRESSIONAL CORRESPONDENT: Good morning, again Daryn.

That's right, it's extraordinary for the House to be in session on any Sunday, but it's truly historic for them to be passing emergency legislation on Palm Sunday in the middle of the night. Let me paint the scene for you the way it was in the Capitol in the wee hours last night.

It was basically a waiting game for a lot of lawmakers. Congress was supposed to be on its spring vacation. Lawmakers were trickling in, rushing in from airports.

In fact, in one room just off the House floor, yet a cluster of lawmakers smoking big cigars, just waiting for colleagues to show up with luggage in hand to vote. In another room just off the House floor, Bobby Schindler, Terri Schiavo's brother, was watching the very passionate floor debate taking place on a television screen just off the House floor. And what he saw was a very emotional debate with Democrats charging that this was really blatant politics, but Republicans insisting it was about the sanctity of life.

(BEGIN VIDEO CLIP)

REP. JOHN LEWIS (D), GEORGIA: Tonight this leadership is a taillight. It's not the headlight for democracy and for a citizen's right to privacy that it should be.

This is demagoguery! This is a step in where we have no business. This is walking where the angels fear to tread.

We are playing with a young woman's life for the sake of politics. This is not about values. This is not about religion. It is pandering for political gain with the next election in mind.

REP. RICK RENZI (R), ARIZONA: Where's the balance of the scales of justice that weighs Terri's family's parental rights with those of her estranged husband? Tonight's vote says we want a second look at this unique case.

We want mercy. Be merciful and find true bravery and justice in preserving the life of Terri Schiavo.

(END VIDEO CLIP)

HENRY: After the legislation passed 203-58, House Majority Leader Tom DeLay left the floor and went to find Bobby Schindler, who was waiting in that Capitol room that I mentioned. They embraced, and there was applause from some Republicans in the room, happy that they had reached this stage.

But I can tell you, I spoke to Tom DeLay in that hallway just a few minutes earlier and he was telling me he's not celebrating yet because he's still concerned that even though this congressional action has taken place, and it's been signed into law by the president, he's worried the judge may not act quick enough to save Terri Schiavo's life -- Daryn.

KAGAN: OK. My Ed Henry question of the day goes back to something that Kendall Coffey mentioned in the last hour, and that's that this touches on a much bigger controversy, and that is the brewing battle between Congress and elected representatives and courts across the land and what they decide and how they can change the course of action -- Ed.

HENRY: Oh, absolutely. There's a great debate going on within the Senate right now about the so-called nuclear option, whether Republicans will use that to try to end the use of filibusters in dealing with judicial nominations.

The reason why conservatives across the country are so exercised about this issue is they feel that a lot of liberal judges have been legislating from the bench across the country. And also, with the possibility of a couple of high court nominations, these nomination fights are going to be brutal this year. Both sides are preparing for it. This was probably just round one in that fight -- Daryn.

KAGAN: All right. Ed Henry on Capitol Hill. Thank you.

Terri Schiavo's husband says he is outraged that Washington has intervened in his family's tragedy.

(BEGIN VIDEO CLIP)

MICHAEL SCHIAVO, TERRI SCHIAVO'S HUSBAND: I think it's an invasion to the American people when you make a private decision in a family matter that they're thumbing their nose up to the American people and the Constitution. This is a sad day for Terri. And it's a sad day for every American in this country. And people should be outraged.

(END VIDEO CLIP)

KAGAN: We are going to show you more of the Michael Schiavo interview from CNN's "AMERICAN MORNING" at the bottom of the hour.

Well, this often heated, very impassioned debate over Terri Schiavo has been waging in the courts for more than a decade. She collapsed in her home in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.

Eight years later, her husband Michael Schiavo filed a petition to remove her feeding tube. In February of 2000, a judge ruled the tube could be removed, but it wasn't removed until more than a year later in April 2001. It was out for two days.

In November 2002, a Florida judge ordered the feeding tube removed again. The following October, a Florida appeals court refused to block that order and the tube was removed the next day. It was re- inserted six days later after the Florida legislature passed Terri's Law.

September of that year -- of last year, actually, the Florida Supreme Court declared Terri's Law unconstitutional. Last month, a Florida judge again gave Michael Schiavo permission to order his wife's feeding tube be removed. On Friday, it was, despite federal subpoenas.

So two big stories out of the Supreme Court this morning. One involving a 9/11 terror suspect, the other, Chief Justice William Rehnquist is back on the bench at this hour. This is his first appearance for arguments since his cancer diagnosis five months ago.

Our Kathleen Koch joins us from the Supreme Court this morning.

Kathleen, good morning.

KATHLEEN KOCH, CNN CORRESPONDENT: Well, let's first of all talk about the order when it comes to Zacarias Moussaoui, the only person charged in the U.S. in connection with the 9/11 terror attacks. And what he was asking was for the Supreme Court justices to rule on his ability to gain access to three incarcerated members of al Qaeda who he believed would exonerate him, would clear him of the charges.

The Bush administration had not been allowing him access, saying what was enough, what was sufficient, was simply access to government- prepared summaries of these people's testimony. And the Supreme Court, again, declined to rule on that. So now that goes back to the trial court in Alexandria, Virginia, where the could be -- the trial in the case could begin as soon as September.

Now, as to the chief justice, William Rehnquist, he did participate for the first time since October since the announcement that he had been diagnosed with thyroid cancer, was undergoing both chemotherapy and radiation. The chief justice stepped very briskly through the burgundy curtains this morning with the other justices, took his seat in his leather chair, followed the proceedings very intently, I would say.

He asked roughly eight questions during the first case that was argued. He did get up once to leave the proceedings, but that is normal. He only left for about a minute.

The chief justice has had long-time problems with back pain. So he normally does leave once or twice during arguments in order to stretch his back.

But Daryn, many believe this is -- this certainly is an example of the fact that perhaps his thyroid cancer, though not cured, that certainly the magnitude of the problem has decreased somewhat. Back to you.

KAGAN: Good to see him on the mend. Kathleen Koch in Washington, D.C. Thank you for that.

More legal news ahead. Going for the ultimate punishment, the kidnapping and murder of a 9-year-old Florida girl could be just a few legal steps away from becoming a capital case. A live report from Florida coming up.

Plus, we go to California for the Michael Jackson case. A critical decision before the judge that could open a floodgate of new evidence. That story is straight ahead.

(COMMERCIAL BREAK)

(STOCK MARKET REPORT)

(COMMERCIAL BREAK)

KAGAN: To Florida now. The suspect in the kidnapping and murder of a 9-year-old girl could be charged in the case as early as today. This comes as chilling new details emerge about the little girl's abduction and death.

Our Sara Dorsey is in Inverness, Florida, with more -- Sara.

SARA DORSEY, CNN CORRESPONDENT: Well, Daryn, Sheriff Jeff Dawsy is scheduled to meet with the state's attorneys today to discuss murder charges against John Couey. And he is the man who allegedly confessed to killing Jessica Marie Lunsford.

We are told that those charges could be filed as early as this afternoon. Of course, Sheriff Dawsy has already told the media he hopes to get the death penalty against John Couey.

Couey appeared in court for the first time yesterday on unrelated charges. He's being held without bond for failure to comply with sex offender reporting and a probation violation. We are also told he's being housed away from the general population for his own safety because of the attention this case is getting.

CNN has also learned some new disturbing details about the events surrounding this case. Investigators tell us John Couey walked into the Lunsford home that night of February 23rd, he made his way into Jessica's bedroom, put his hand over her mouth and told her to be quiet before forcing her out of her home.

The sheriff says the medical examiner has evidence that if sexual abuse did occur, and investigators say Couey might have held Jessica hostage at least a day, possibly even two. But because of Couey's drug haze investigators say, "His timelines were all over the place."

The question now is whether anyone else was in that home at the time that Couey had Jessica there. We do know three people who were living in that house have been charged with obstruction of justice in this case. And the sheriff tells us that's because each of them was told by Couey that when investigators were looking for him, none of them bothered to call authorities.

And Daryn, today, the Lunsford family is spending most of the day planning for their funeral of 9-year-old Jessica. And that is what we're waiting for now, to determine whether or not those charges will be filed today. If that does indeed happen, there will be a 24-hour window in which Couey will appearing in court for the first appearance on those murder charges if indeed that is what is filed -- Daryn.

KAGAN: Just such a sad and sad and sick ending to a story of what happened to that little girl. Sara, thank you for bringing us the latest.

DORSEY: Thank you.

KAGAN: Tune in tonight for "Protecting Our Children." It is a special edition of "NEWSNIGHT WITH AARON BROWN" tonight 10:00 Eastern, 7:00 Pacific.

The Michael Jackson child molestation trial resumes in this hour in California. Will the judge allow allegations of past sexual misconduct by the singer to be heard in this case? With more on the trial, here's CNN's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): For Michael Jackson, it may be the biggest legal hurdle in his child molestation case. A judge will soon decide if allegations from Jackson's past will surface in the present.

LAURIE LEVENSON, LOYOLA LAW SCHOOL: Prosecutors will able to argue he's a serial pedophile. And what he did before to these other boys, perhaps enticing them to Neverland Ranch, giving them alcohol, showing them dirty magazines and then molesting them, is the same thing he did to his boy.

MARQUEZ: It's called an 1108 hearing. Lawyers call it the Michael Jackson law.

The California law was passed after the pop star avoided criminal charges in 1993 by settling out of car. Then his alleged molestation victim walked away with more than $20 million.

LEVENSON: It may turn out that the trial within the trial is more important than anything else in this case. The whole question of whether Michael Jackson has done this before will be the focal point for the jury.

MARQUEZ: The prosecution has already indicated it wants to introduce evidence from allegations of at least seven boys. The prosecution also says the case against Jackson is still open and new evidence or allegations are possible.

LEVENSON: The significance of allowing in the prior allegations of abuse is that it's one thing for Tom Mesereau, for as great a lawyer as he is, to say that this boy now is lying. It's much harder to make that argument if other boys come forward and say, "Michael Jackson did the same thing to me."

MARQUEZ: This week, the prosecution will continue trying to make the case that Jackson is a serial pedophile and his latest accuser is one of many.

Miguel Marquez, CNN, Santa Maria, California.

(END VIDEOTAPE)

KAGAN: OK. So you're thinking about getting away from it all, and perhaps that one or two-week vacation just not enough to rejuvenate your mind and soul. What about -- what do you say about getting away from the office grind for a year or two? I'm going to tell you how it's possible in our getaway segment coming up a little later this hour.

And up next, some twister trouble in the city by the bay. Yes, these picture from San Francisco. California is not the only state facing some severe weather, however. Jacqui Jeras will be along with the national forecast straight ahead.

(COMMERCIAL BREAK)

KAGAN: To San Francisco. OK. Looks like it, even felt like it. But was it really a tornado?

Weather experts will conduct a storm survey today to determine if this dark funnel cloud that hit the bay area actually was a twister. It downed power lines, ripped rooftops and broke windows. There were no reported injuries.

(WEATHER REPORT)

KAGAN: Well, different opinions here from completely unresponsive to alert and communicating. Terri Schiavo's medical condition varies greatly depending on who you talk to. Up next, we're going to hear from Schiavo's brother and her husband about the family's life-or-death fight.

(COMMERCIAL BREAK)

KAGAN: We are coming up on the half-hour. Good morning. I'm Daryn Kagan. Let's take a look at what's happening "Now in the News."

First, breaking news out of Santa Maria, California. Michael Jackson, it appears, is a no-show once again at the courthouse. He is due right now to be there as his child molestation trial goes on. Once again, Michael Jackson not there on time. No word from the Jackson camp on what might be delaying the pop superstar. More on that just ahead.

Other news. A federal judge will hold a hearing in the Terri Schiavo case in three-and-a-half hours. Her parents want an emergency order to have her feeding tube reinserted. The case moved to federal courts after Congress and President Bush stepped in over the weekend.

Firefighters battle the blaze this morning at a steel plant just outside of Detroit. At least four people have been take ton the hospital. The plant has been the sight of several accidents in the past few years.

Kofi Annan is calling for reforms at the United Nations. Among the recommendations in a new report, the secretary-general says the U.N. should expand the number of nations on its Security Council from 15 to 24, strengthen its human rights mechanisms and develop guidelines to stop nuclear proliferation.

Cabaret singer Bobby Short has died from leukemia at the age of 80. Short was a fixture at the piano at New York's Carlisle Hotel for more than 35 years. The three-time Grammy nominee specialized in Cole Porter, Frank Sinatra and the Gershwins.

The Terri Schiavo case pits her family against her husband. Trapped in the middle, the brain-damaged woman who had been in a vegetative state since she collapsed 15 years ago. Both sides they are driven by what they believe is best for Terri.

(BEGIN VIDEO CLIP)

BOBBY SCHINDLER, TERRI SCHIAVO'S BROTHER: There are more doctors that are adamant Terri is not in a PVS. There was a woman in Kansas recently that woke up in a condition similar to my sister's. So this notion that people can't get better with the condition they're in is absolutely false. If you would see Terri, you would see absolutely how alive she is, how alert she is, how much she responds, how she's trying to speak with us. There's a reason Michael and his attorney are doing everything they can to keep Terri hidden from the public. Terri could be sitting here right now. She could be on the House floor during this debate in a wheelchair. But they will do everything they can so people cannot see what her true condition is.

(END VIDEO CLIP)

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